"If a sperm donor makes his contribution through a licensed physician and a child is conceived, the donor is held harmless under state statue," Angela de Rocha, a spokeswoman for the Kansas Department for Children and Families, explained in a statement. "In cases where the parties do not go through a physician or a clinic, there remains the question of who actually is the father of a child or children."

A court will hear Marotta's motion to dismiss the case on January 8, 2013.